Transfer Instruction Form

You must provide the original Certificate(s) of Title to our office as soon as possible, and by no later than the settlement due date. 

Copies of titles are often mistaken for originals, so it is essential to verify that you have the original ready for settlement early to avoid potential delays and additional works arising. 

The title(s) will be destroyed or made invalid and converted to an electronic format at settlement when the transfer is completed.

Don’t worry! Our office can arrange for a new Certificate of Title to be obtained by completing a Lost Title Application for you. Our professional costs for these works are $600.00 plus GST and disbursements. We note that there are typically disbursement fees of approximately $500.00 for such an application.

One of our team will contact you to discuss the Lost Title Application process further shortly.

Please provide our office with a copy of the Contract.

Please provide our office with a copy of the Will and/or Grant of Probate or Administration.

Please provide our office with a copy of the valuation document/s.

Please provide our office with a copy of the Court Orders or Binding Financial Agreement.

Please note we are only able to act on behalf of one party for this transfer.

How will the Transferee(s) be registered on the Certificate of Title? Pick One:

• Sole Proprietor
  
  Choose this option if there is only one Transferee to be registered on title.
  
  
• Joint Proprietors
  
  As Joint Proprietors, the Transferees will own the property equally with a right of survivorship. This means that should one of the registered proprietors die, the remaining proprietor/s will inherit the deceased proprietor’s share. In other words, the property does not pass to a specified beneficiary or beneficiaries under a Will at the time that proprietor dies.
  
  This is the most common Manner of Holding for couples.
  
  
• Tenants in Common in Equal Shares
  
  As Tenants in Common in Equal Shares the Transferees will own the property equally but with no right of survivorship. This means that should one of the registered proprietors die, the deceased proprietor’s share will be distributed according to their Will (or intestacy if there is no Will). As the proprietors hold equal shares, they each hold an equal financial interest in the property.
  
  
• Tenants in Common in Unequal Shares
  
  As Tenants in Common in Unequal Shares the Transferees will own the property based on a number of shares that reflects each owner’s financial interest in the property and with no right of survivorship. This means that should one of the registered proprietors die, the deceased proprietor’s share will be distributed according to their Will (or intestacy if there is no Will). As the proprietors hold unequal shares, they each hold an unequal financial interest in the property.
  
  
• To be confirmed by the Transferee(s).

• Unsure.
  
  If you are unsure of how you would like to hold the Certificate of Title where there are multiple registered proprietors, we will contact you to discuss this.

Stamp Duty is applicable to all property transfers unless the transfer qualifies for an exemption approved by the State Revenue Office. The most common Stamp Duty exemptions are:

• Spousal transfers for the principal place of residence
• Ex-spousal transfers arising from a divorce or separation
• Change in the manner of holding from Joint Proprietors to Tenants in Common in Equal Shares (or vice versa)
• Transfers pursuant to a Will from Executor to Beneficiary

Our office will review your instructions and provide you with an estimate of the Stamp Duty we calculate to be applicable and whether we believe you qualify for a Stamp Duty exemption or reduction.

Your transfer will undergo a formal assessment by the State Revenue Office to determine the Stamp Duty payable at settlement.

We recommend you discuss any tax related issues with your accountant or financial advisor prior to proceeding.

We shall obtain the relevant certificates for the property outgoings from the authorities and arrange for these to be adjusted at the transfer settlement date for you. This will form part of the transfer financial statements.

We will correspond separately and individually with each registered proprietor. Personal information will be kept private and confidential.

The registered proprietors are on amicable terms and may be communicated with collectively.

Please provide our office with a copy of the Court Orders or Binding Financial Agreement

Please contact our office if you require any advice in relation to your Will or Estate Planning services.

Please list any questions you may have regarding your transfer at this stage.

Once you have finished providing all information please click 'Submit Form'.